FEDERAL
VOLUME 2 ^ ^Sjeo , 1934
REGISTER
NUMBER 2
Washington, Tuesday, January 5, 1937
PRESIDENT OP THE UNITED STATES.
ExECTJTiVK Order
TRANSFER OF THE FTINCTIONS, FUNDS, PROPERTY, ETC., OF THE
RESETTLEMENT ADMINISTRATION TO THE SECRETARY OF
AGRICTTLT17RE
By virtue of and pursuant to the authority vested in me
under Title 11 of the National Industrial Recovery Act, ap-
proved June 16, 1933 (48 Stat. 200), the Emergency ReUef
Appropriation Act of 1935, approved April 8, 1935 (49 Stat.
115), and the Emergency Relief Appropriation Act of 1936,
approved June 22, 1936 (49 Stat. 1608), I hereby order as
follows:
All the powCTs, fimctions, and duties heretofore vested in
the Resettlement Administration by Executive Order No
7027 of April 30, 1935, as amended by Executive Order No.
7200 of September 26, 1935, and in the Administrator and
Deputy Administrator thereof, are hereby transferred to
the Secretary of Agriculture, to be exercised and performed
by him; and all fimds, personnel, property, records, and
equipment of the Resettlement Administration are hereby
transferred to the Department of Agriculture, to be under
the supervision, control, and direction of the Secretary of
Agriculture.
This order shall become effective on January 1, 1937.
The White House,
December 31, 1936.
Franklin D Roosevelt
[No. 7530]
[P. B. Doc. 37-23; PUed, January 4, 1937; 11 :23 a. m.]
TREASURY DEPARTMENT.
Accoants and Deposits.
[First Supplement to Department Circular No. 564]
Post Offices Designated as Places for Redemption of Bonds
Issued Pursuant to Adjusted Compensation Payment Act,
1936, AS Amended
December 30, 1936.
Effective at the close of business, January 15, 1937, the
designation, contained in Treasury Department Circular No.
564, dated June 6, 1936,^ of post oflBces as places for the
redemption of bonds issued pursuant to Section 4, Adjusted
Compensation Pajmaent Act, 1936, as amended, is hereby
canceled.
[seal]
Stephen B. Gibbons,
Acting Secretary of the Treasury.
[F. B. Doc. 37-24; FUed, January 4, 1937; 12:08 p. m.]
11 F. R. 653.
Public Debt Serrice.
(Department Circular No. 560, Revised; First Amendment]
Regulations Governing Adjusted Service Bonds of 1945
December 30, 1936.
To Otoners of Adjusted Service Bonds, and Others Concerned:
Department Circular No. 560, Revised, dated October 24,
1936,^ is hereby amended, effective January 16, 1937, by strik-
ing out paragraphs 1, 2, 3, 4, 19 and 20, of the regulations
prescribed therein, and inserting in lieu thereof the following :
1. In order for a registered owner to obtain payment of a
bond, the bond must be presented at a United States post
office, or transmitted to a Federal Reserve bank, or to the
Treasurer of the United States, Washington, D. C, in any case
with the request for payment on the back of the bond properly
executed as hereinafter provided.
2. Postmasters throughout the country have been author-
ized to receive bonds presented for payment, and to forward
them, at the risk and expense of the United States, to a
Federal Reserve bank. If a bond is to be presented at a
post office, the request for payment must be signed by the
registered owner in the presence of and certified by the
postmaster or other authorized post office official or em-
ployee at such office, who will receive the bond, issue a
receipt therefor, and forward the bond for payment.
3. Federal Reserve banks are designated as places for the
redemption on and after January 16, 1937, of bonds, and
are authorized to issue checks in payment for bonds trans-
mitted to them in accordance with this and the next pre-
ceding paragraph. If a bond is to be transmitted for pay-
ment to a Federal Reserve bank directly by the registered
owner, or through a banking institution acting as his agent,
the request for payment must be executed in the presence
of and be certified by one of the officers authorized in
paragraph 12 (c).
4. (a) The Treasurer of the United States is authorized
to issue checks in payment of bonds transmitted to him.
If a bond is to be transmitted to the Treasirrer of the United
States for payment, the request for payment must be
signed by the registered owner in the presence of and certi-
fied by one of the officers authorized in paragraph 12.
(b) In the Philippine Islands bonds may be presented and
checks will be issued at the Treasury of the Philippine
Islands. If a bond is to be presented to the Treasury of
the Philippine Islands for payment, the request for payment
must be executed and certified in accordance with the provi-
sions of paragraph 12 (g) .
19. These regulations shall also apply to the delivery and
payment of (1) checks issued in payment of Adjusted Serv-
ice Bonds, and (2) checks issued for the difference between
the amount certified by the Administrator of Veterans' Af-
fairs as due the veteran and the face amount of the bonds
issued to him. Provided, however, that when necessary in
H F. R. 1948.
9
10
FEDERAL REGISTER, January 5, 1937
fedemlM^register
\, 1934
Published by the Division of the Federal Register, The National
Archives, pursuant to the authority contained in the Federal
Register Act, approved July 26, 1935 (49 Stat. L. 500), under reg-
ulations prescribed by the Administrative Committee, with the
approval of the President.
Thfr Administrative Committee consists of the Archivist or Act-
ing Archivist, an officer of the Department of Justice designated
by the Attorney General, and the Public Printer or Acting Public
Printer.
The daily issue of the Federal Register will be furnished by mall
to subscribers, free of postage, for $1 per month or $10 per year;
single copies 5 cents; payable in advance. Remit by money order
payable to Superintendent of Documents, Government Printing
Office, Washington, D. C. ^
Correspondence concerning the piiblication of the Federai.
Register should be addressed to the Director, Division of the
Federal Register, The National Archives, Washington, D. C.
TABLE OF CONTENTS
Department of Agriculture:
Agricultural Adjustment Administration: Page
Agricultural conservation program, 1937:
^^outhem Region, Bulletin 101 10
Amendment 1 18
Federal Deposit Ins\u*ance Corporation:
^ii^Approval of forms 18-19
President of the United States:
Executive Order:
L__-3Sansfer of fimctions, etc., of Resettlement Adminis-
tration to Secretary of Agriculture 9
Resettlement Administration:
i,. Delegation of authority to grant easements and rights-
of-way on land use projects 19
Inspection of construction on projects under Jurisdiction
— ' of cooperative associations 19
Securities and Exchange Commission:
Order consenting to withdrawal of registration state-
ment, etc.:
/, South Umpqua Mining Co 21
OrdOT granting application for withdrawal from listing,
etc. :
/- General Paint Corp 21
Order pursuant to rule under Public Utility Holding
Company Act of 1935:
' 'Republic Service Management Co 21
Treastiry Department:
Accounts and DepKJsits:
^(^est offices designated as places for redemption of
bonds issued pursuant to Adjusted Compensation
Payment Act 9
Public Debt Service:
Regulations governing Adjusted Service Bonds of
1945 9
order to effect an equitable division of the amount due,
checks for such difference may be divided in the necessary
proportions between adults and minors, or between minors,
as persons lawfully entitled thereto.
20. Any transmission of a bond by the owner to the Treas-
ury of the"Phllippine Islands, or any transmission of a bond
by the owner, either directly or throi^h a banking institution
acting as agent for the owner, to a Federal Reserve bank or
to the Treasury Department will be at the risk and expense
of the owner. The use of registered mail is suggested,
[seal] Stephen B. Gibbons,
Acting Secretary of the Treasury.
[F. R. Doc. 37-25; Piled, January 4, 1937; 12:08 p. m.]
DEPARTMENT OF AGRICULTURK
Agricultural Adjustment Administration.
SR — ^B-101 Southern Division, December 31, 1936
1937 Agricultural Conservation Program — Southern
Region
bulletin 101
Pursuant to the authority vested in the Secretary of Agri-
culture under section 8 of the Soil Conservation and Domes-
tic Allotment Act, as amended, payments will be made, in
connection with the effectuation of the purposes of section
7 (a) of said Act for 1937, in accordance with provisions of
this Southern Region Bulletin 101 and such modifications or
other provisions as may hereafter be made.
The 1937 Agricultural Conservation Program has been de-
veloped in accordance with the provisions of sections 8, 15, and
1§ of the Soil Conservation and Domestic Allotment Act, but
the payment of any benefits pursuant to the provisions of this
bulletin is contingent upon such appropriation, if any, as the
Congress of the United States may hereafter make for such
purpose, and the amounts of such payments will be finally de-
termined by such appropriation and the extent of participa-
tion in the program. The rates of payment and the allow-
ances herein set forth are computed upon the basis of an
appropriation of $500,000,000 for the 1937 program and 85
percent participation by farmers in all regions. Such rates
of payment, deductions, and allowances may be increased or
decreased, depending upon the extent of participation, but
such variations will not be in excess of 10 percent.
Part I. Definitions
As used herein and in aU forms and documents relating
to the 1937 Agricultural Conservation Prosnm (hereinafter
referred to as the 1937 program) in the Southern Region,
the term —
Secretary means the Secretary of Agrlculftire of the United
States.
Southern Region means the area included in the States of
Alabajtna, Arkansas, Florida, Georgia, Louisiana, Mississippi,
Oklahoma, South Carolina, and Texas.
Southern Division means the division of the Agricultural
Adjustment Administration In charge of the 1937 program
in the Southern Region.-
State AgriciUtural Conservation Committee, hereinafter
referred to as State Committee, means the group of persons
designated to assist the Secretary in the administration of
the 1937 program in the State in which such committee is
selected to act.
Ccninty Agricultural Conservation Association, hereinafter
referred to as coimty association, means the association of
producers in a county authorized by the Secretary to assist
in the administration of the 1937 program in such county.
County Agricultural Conservation Committee, hereinafter
referred to as County Committee, means the group of per-
sons designated to assist the Secretary in the administration
of the 1937 program in the coimty in which such committee
is selected to act.
Community Agricultural Conservation Committee, herein-
after referred to as community committee, means the group
of persons designated for a community within a county to
assist the Secretary in the administration of the 1937 pro-
gram in such community.
Person means an individual, firm, partnership, association,
corporation, estate, or trust, and, wherever applicable, a
State, a political subdivision of a State or any agency thereof,
or any other governmental agency that may be designated by
the Secretary.
Owner means a person who (1) owns land which is not
rented to another for cash or a fixed commodity payment,
or (2) rents land from another for cash or a fixed commodity
pajmient, or (3) is purchasing land on installments of cash
or one or more commodities.
Operator means a person who as owner is operating a
farm and is entitled to receive all or a portion of the crops
FEDERAL REGISTER, January 5, 1937
11
produced thereon or of the proceeds of such croiis, or who
as share-tenant Is operating a whole farm and is entitled
under a written or oral lease or agreement to receive a por-
tion of the crops produced thereon or of the proceeds of
such crops.
Share-tenant means a person other than an owner or
share-cropper who is working a farm in whole or in part
and is entitled under a written or oral lease or agreement
to receive a portion of the crops produced thereon or of the
proceeds of such crops.
Share-cropper means a person who works a producer unit
under the supervision of an operator and is entitled under
a written or oral agreement or State law to receive for his
labor a share of any or all of the crops produced thereon
or of the proceeds of such crops.
Producer means an owner, share -tenant, or share-cropper.
Farm means all land which in 1937 is operated by a person
with labor, workstock, and farm machinery substantially
separate from that for any other land except that the parts
of such land having separate owners shall be considered as
separate farms.
Producer Unit means any tract of land (whether a whole
farm or a subdivision thereof) on which in 1937 one or more
crops are planted or grown and which is farmed by (1) an
owner with his own or his family's labor or with hired labor
other than one or more share-croppers, or (2) a share- tenant
with his own or his family's labor or with hired labor other
than one or more share-croppers, or (3) a share-cropper.
Cropland means all farm land which is tillable and on
which at least one crop of any kind other than wild hay
was harvested or planted for harvest at some time between
January 1, 1930, and January 1, 1937, and all other farm
land devoted on January 1, 1937, to bearing or norbearing
orchards or vineyards other than those abandoned,
Total Soil- Depleting Base means the acreage established
for the farm as that normally used thereon for the produc-
tion of all soil-depleting crops except rice.
Cotton Soil-Depleting Base, hereinafter referred to as
cotton base, means the acreage established for the farm as
that normally used thereon for the production of cotton.
Tobacco Soil-Depleting Base, hereinafter referred to as
tobacco base, means the acreage established for the farm
as that normally used thereon for the production of a par-
ticular kind of tobacco.
Peanut Soil-Depleting Base, hereinafter referred to as
peanut base, means the acreage established for the farm as
that normally used thereon for the production of commercial
peanuts, which shall be construed to mean only those peanuts
separated from the vines by mechanical means and from
which the principal part of the production is normally sold
to persons off the farm.
Sugarcane Soil-Depleting Base, hereinafter referred to as
sugarcane base, means the acreage established for the farm
as the acreage used for the production of sugarcane for
sugar in 1937, subject to the provisions of section 48 herein.
Rice Soil-Depleting Base, hereinafter referred to as rice
base, means the acreage allocated to the farm in 1937 by
all producers interested in the production of rice on the farm
in 1937.
General Soil-Depleting Base, hereinafter referred to as gen-
eral base, means the acreage established for the farm as that
normally used thereon for the production of aU soil-depleting
crops except cotton, tobacco, commercial peanuts, rice, and
sugarcane for sugar.
Soil-Conserving Base means the acreage of all soU-conserv-
ing crops established as normal for the farm.
Class I Payment means the pajrment for diversion of acre-
age from any soil-depleting base and also any payment made
with respect to sugarcane for sugar or rice.
Class II Payment means the payment for carrying out any
soil-building practice approved by the Secretary.
Soil-Building AUovxmce for any farm means the largest
amount of money that wiU be paid as a class n payment for
the farm.
Comm^ciai Orchards means the acreage in tree fruits,
cultivated nut trees, vineyards, or bush fruits on the farm
on January 1, 1937, from which the principal part of the
production is normally sold, including also the acreage of
young nonbearing orchards from which the principal part
of the production will be sold in 1937 or later.
Commercial Vegetables means the acreage of vegetables
or truck crops (including also Irish potatoes, sweetpotatoes,
sweet corn, melons, cantaloupes, and strawberries but ex-
cluding sweet com for canning and peas for canning) from
which the principal part of the production was sold to per-
sons off the farm in 1936.
Animal Unit means one cow, one horse, five sheep, five
goats, two calves, two colts, or the equivalent thereof.
Part II. Soil-Building Allowance
Section 1. Soil-building AUouxince for Farms Which May
Earn a Class I Payment. — On any farm for which a cotton,
tobacco, peanut, or sugarcane base is or can be established
or on which the general base exceeds the home-consumption
needs for the farm, or in connection with which a rice alloca-
tion is made, the soil-building allowance will be the sum of
the following items or $10.00, whichever is the greater:
(a) $1.00 for each acre of the soil-conserving base plus
$1.00 for each acre diverted for payment in 1937;
(b) $1.00 for each acre in commercial orchards on the farm
on January 1, 1937;
(c) $1.00 for each acre of cropland on which only one crop
of commercial vegetables was grown in 1936;
(d) $2.00 for each acre of cropland on which two or more
crops of commercial vegetables were grown in 1936; and
(e) Twenty-five (25) cents for each acre of fenced noncrop
open pasture land which is in excess of one-half of the crop-
land and which has a carrying capacity during the normal
pasture season of at least one animal unit for each five acres.
Section 2. Soil-building Allowance for Farms Which May
Not Earn a Class I Payment. — On any farm for which no
cotton, tobacco, peanut, or sugarcane base can be estab-
lished and on which the acreage of food and feed crops for
home-consumption needs is as great or greater than the
general base which is or can be established for the farm
and in connection with which no rice allocation is made,
the soil-building allowance will be the sum of the following
items or $20.00, whichever is the greater:
(a) Sixty-five (65) cents for each acre of cropland or
$1.00 for each acre in the soil-conserving base, whichever
amount is the greater;
(b) $1.00 for each acre in commercial orchards on the
farm on January 1, 1937;
(c) $1.00 for each acre of cropland on which only one
crop of commercial vegetables was grown in 1936;
(d) $2.00 for each acre of cropland on which tux> or more
crops of commercial vegetables were grown in 1936; and
(e) Twenty-five (25) cents for each acre of fenced non-
crop open pasture land which is in excess of one-half of the
cropland and which has a carrying capacity during the
normal pasture season of at least one animal imit'for each
five acres.
Part III. Rates and Conditions of Payment
Payments will be made in connection with the utilization
in 1937 of the land on any farm in the Southern Region, at
the rates and subject to the conditions set forth herein,'
provided that no payment will be made for any change in
the use of such land which involves the destruction in 1937
of any food, fiber, or feed grain.
Section 11. Cotton. — (a) A class I pas^nent will be made
for each acre diverted from the cotton base on any farm in
1937 at the rate of 5 cents for each poimd of the normal per
acre cotton yield as adjusted for the farm on an acreage not
to exceed 35 percent of such base, except that if such base is
5.7 acres or less payment may be made for diverting all or
any part of such base not to exceed 2 acres.
(b) But if the acreage of cotton on any farm in 1937 ex-
ceeds the cotton base for such farm a deduction will be made
» The rates and conditions and any other provisions, with respect
to rice, are Included In part VH ol this Bulletin 101 and will be
printed separately.
12 FEDERAL REGISTER, January 5, 1937
in an amount equal to the result obtained by multipljing
the number of such excess acres by the rate per acre deter-
mined for the farm under subsection (a) of this section 11.
Section 12. Tobacco. — (a) A class I payment will be made
for each acre diverted from the tobacco base on any farm in
1937 at the rate per pound of —
(1) 5 cents for flue-ciured or Burley,
(2) 6 cents for Georgia-Florida Type 62,
(3) 3 cents for Georgia-Florida Type 45 or any other
kind of tobacco,
for each pound of the normal per acre tobacco yield as ad-
justed for the farm on an acreage not to exceed 30 percent
of the base in the case of Georgia-Florida Type 62 and 25
percent of the base in the case of any other kind of tobacco.
(b) But if the acreage of any kind of tobacco on any farm
in 1937 exceeds the tobacco base for that kind of tobacco
on such farm, a deduction wiU be made in an amount equal
to the restilt obtained by multipljing the number of such
excess acres by the rate per acre for such kind of tobacco
determined for the farm under subsection (a) of this sec-
tion 12.
Section 13. Commercial Peanuts. — (a) A class I pasmient
will be made for each acre diverted from the peanut base on
any farm in 1937 at the rate of VA cents for each pound of
the normal per acre yield of commercial peanuts as adjusted
for the farm on an acreage not to exceed 15 percent of such
base.
(b) But if the acreage of comutnercial peanuts on any farm
in 1937 exceeds the peanut base for such farm, a deduction
will be made in an amount equal to the result obtained by
multiplying the number of such excess acres by the rate per
acre determined for the farm under subsection (a) of this
section 13.
Section 14. Sugarcane for Sugar. — (a) A class I payment
wUl be made with respect to any farm on which sugarcane
for sugar is grown in 1937 not in excess of the acreage allot-
ment of sugarcane for sugar for the farm in an amount per
acre equal to I21/2 cents for each 100 pounds, raw value, of
sugar commercially recoverable from the normal yield per
acre of sugarcane for sugar for the farm.
The acreage allotment of sugarcane for sugar for any
farm will be the sugarcane base for such farm, unless the
estimated total acreage of sugarcane for sugar in 1937 ex-
ceeds the acreage determined by the Agricultural Adjust-
ment Administration to be required vidth normal yields to
produce 260,000 short tons, raw value, of sugar. If the
estimated total acreage of sugarcane for sugar in 1937 ex-
ceeds the acreage so determined to be required to produce
260,000 short tons, raw value, of sugar, the acreage allot-
ment for the farm shall be that percentage of the sugar-
cane base for such farm which is computed by dividing the
acreage so determined to be required to produce 260,000
short tons, raw value, of sugar by the estimated total of
the acreage of sugarcane for sugar in 1937 and multiplying
such result by 100. Such percentage of the sugarcane base
for the farm shall become the acreage allotment of sugar-
cane for sugar for such farm.
Section 15. General SoU-Depleting Base. — (a) A class I
payment will be made for each acre diverted from the gen-
eral base on any farm in 1937, subject to the following
provisions :
(1) Such payment will be made for diverting such part
of such base as is in excess of the home-consumption
needs for the farm but in no case will such pasonent be
made on an acreage in excess of 15 percent of such base.
(2) The rate of such payment per acre shall be $9.00
on the average for the United States, varying among
States, counties, and individual farms as the productivity
of the cropland used for the production of the crops in
such base varies from the average productivity of aU such
cropland in the United States.
(b) If the 1937 acreage of crops in the general base for
any farm exceeds such base or the acreage of such crops
needed to meet home-consumption needs for the farm,
whichever is the greater, a deduction will be made in an
amount equal to the result obtained by multiplsring the
number of such excess acres by the rate per acre established
for the farm pursuant to subsection (a) of this section 15.
Section 16. Soil-Building Practices." — ^A class II payment
will be made for carrying out any one or more of the fol-
lowing soil-building practices in 1937 at the rates and upon
the conditions listed in this section 16, provided (1) in no
event will the total of the class II payments respecting any
farm exceed the soil-building allowance for the farm; (2)
none of the labor, seed, or materials for such practice is fur-
nished or paid for by any Federal or State agency; and (3)
the practice is carried out by such methods and VTith such
kinds and quantities of adapted seed, trees, and other ma-
terials as conform to good farming practice.
Practice Number — Practices and Conditions — Bate
1— Alfalfa or Kudzu planted on cropland in 1937: $2.50 per acre.
2 — ^Red, mammotli, sweet, alsike, white, bur or crimson clover,
lespedeza, Austrian winter peas, vetch, or other locally adapted
winter legume, or legume mixture,' seeded on cropland in 1937:
$1.50 per acre.
3 — Soybeans, velvet beans, cowpeas, crotalaria, beggar weed, or -
other locally adapted summer legume excluding lespedeza, grown
on cropland In 1937 and the leaves, stems, and vines plowed under,
provided a reasonably good growth Is attained: $2.00 per acre.
4 — Crimson or bur clover, Austrian winter peas, vetch, or other
locally adapted winter legume, plowed under in 1937, provided a
reasonably good growth is attained or lespedeza left on the land
except that the seed may be harvested: $1.00 per acre.
5 — Green manure crop, including rye, oats, barley, wheat, Italian
rye grass, or mixtures of two or more of these plowed under as
green maniu:e after making a reasonable growth (not less than
two months" growth) in the spring of 1937, provided that such
crop has not gone through the dough stage: $1.00 per acre.
6 — Annual grasses, or a mixture of one or more annual grasses
with one or more leg\imes, turned under in 1937 as green mantire
following truck or vegetable crops, or turned under in 1937 in
orchards or vineyards; provided such green manure crop attained
a reasonably good growth (not less than two months' growth) :
$1.00 per acre.
7 — Any sorghtun, Sudan grass, or millet (or, in a cropping rota-
tion, mixtures of grasses and/or legumes), grown in 1937 and all
the crop left on the land or plowed under, provided a reasonably
good growth Is attained: $1.00 per acre.
8 — Establishment of permanent pasture of per^nial grasses, or
any pasture grass and legume mixture, on cropland or non-crop open
pasture land in 1937: $3.00 per acre.
9 — ^Forest trees, including post-producing species, planted on crop-
land in 1937: $5.00 per acre.
10 — Ground limestone or its equivalent applied on soil-conserv-
ing crops or pastures in 1937, but payment wUl not be made on an
amount in excess of 4,000 pounds per acre, or less than 500 pounds
per acre if applied in rows or less than 1,000 pounds per acre if
applied broadcast: $0.07 per 100 pounds.
11 — Sixteen percent superphosphate or its equivalent = applied
in 1937 on soil-conserving crops or pastures (excluding soybeans,
cowpeas, velvet beans, and peanuts) , but payment will not be
made on an amount less than 100 pounds or In excess of 400
pounds per acre: $0.50 per 100 pounds.
12 — ^Baslc slag applied in 1937 on soil-conserving crops or pas-
tures (excluding soybeans, cowpeas, velvet beans, and peanuts) ,
but payment will not be made on- an amount less than 100
pounds or in excess of 600 pounds per acre: $0.35 per 100 pounds.
13 — Manganese sulphate applied In 1937 on soil-conserving
crops, but payment will not be made on an amount in excess of
50 pounds per acre: $2.00 per 100 pounds.
14 — Terracing land in 1937 in accordance with good terracing
practices for the land: $0.40 per 100 feet.
Section 17. Minimum Acreage of Soil-Conserving
Crops." — If the total acreage of soil-conserving crops on
cropland on any farm in 1937 does not equal or exceed the
siun of —
The provisions of this section 16 do not apply to counties in
western Oklahoma and western Texas designated by the Secretary,
respecting which separate provisions wUl be made.
=' Mixtures of legumes listed in practice No. 2 and nonlegumes
will be eligible for a payment of $1.50 per acre, provided such
legumes are seeded at a rate equal to at least fifty (50) percent
of the normal rate for such legumes.
* For example, five hundred pounds of burnt lime or 700 poimds
of hydrated lime is the equivalent of 1,000 pounds of ground
limestone.
' For example, one hundred pounds of 49 percent superphos-
phate is the equivalent of 300 pounds of 16 percent superphos-
phate.
"The requirement of soil-conserving crops with respect to rice
will be ia addition to the requirements under this section 17.
FEDERAL REGISTER, January 5, 19B7
13
(a) The soil-conserving base ' established for the farm,
and '
(b) The sum of the acreages diverted for payment from
the cotton, tobacco, peanut, and general bases,
a deduction will be made in an amoimt obtained by multi-
plying $3.00 by the number of acres by which the total
acreage of soil-conserving crops on cropland on the farm
in 1937 is less than such sum.
Section 18. Divisicm of Payments. — Class I and class II
payments made with respect to any farm shall be divided
as follows:
(a) Class I Payment. — The class I pasmaent except as
indicated in the remaining subsections of this section 18 shall
be divided —
(1) Thirty-seven and one-half (3TY2) percent to the
producer who furnishes the land;
(2) Twelve and one-half (121/2) percent to the producer
who furnishes the workstock and equipment;
(3) Fifty (50) percent to be divided among the producers
who are parties to the lease or operating agreement in
the proportion that such producers are entitled to shai-e
in 1937 in those soil-depleting crops, or the proceeds of
such crops, in connection with which the class I payment
is made.
(b) Tobacco. — ^The class I payment made with respect to
the tobacco base shall be divided as follows:
(1) Fifteen (15) percent to the producer who furnishes
the land;
(2) Fifteen (15) percent to the producer who furnishes
the workstock and equipment;
(3) Seventy (70) percent to be divided among the pro-
ducers who are parties to the lease or operating agree-
ment in the proportion that such producers are entitled to
share in 1937 in the tobacco crop, or the proceeds of such
crop, in connection with which the class I payment is
made.
(c) General Crops in Designated Counties. — ^In counties in
western Texas and western Oklahoma designated by the
Secretary, the class I payment made in connection with the
general base on any farm shall be divided among the inter-
ested producers in the same proportion as the crops in such
base or the proceeds of such crops are divided under the
lease or operating agreement on such farm.
(d) Sugarcane for Sugar. — The class I pasonent made in
connection with the sugarcane base on any farm shall be
divided among the interested producers in the same propor-
tion as the crop or the proceeds of such crop are divided
under the lease or operating agreement on such farm.
(e) Class II Payment. — The class II payment with respect
to the acreage on which any approved soil-building practice
is carried out on any farm shall be made to the eligible
producer who the county committee determines under in-
structions issued by the Secretary has incurred the expense
in 1937 of carrying out such soil-building practice; if the
County Committee determines that two or more producers
have shared in the expense incurred in carrying out such
practice on the farm, the class II payment calculated for
the particular acreage with respect to which such producers
shared in such expense shall be divided equally among them.
(f ) Reckoning Payments Withovi Regard to Claims.. — Any
share of the class I or class II payments shall be computed
and paid without regard to questions of title imder State law,
without deductions of claims for advances and without regard
to any claim or lien against the crop or proceeds thereof in
favor of the owner or any other creditor.
(g) Changes in Leasing or Cropping Arrangement. — ^If the
Secretary, upon the basis of an investigation by the State
Committee, finds that any person has for 1937 made any
change from the 1936 leasing or cropping arrangement for
the farm or has adopted any other device for the purpose
of, or which would have the effect of, diverting to such person
'For any farm having a sugarcane base in 1937 the soil-con-
serving base shall not be less than 30 percent of the sugarcane base
for such farm.
any payment to which tenants or share-croppers would be
entitled if the 1936 leasing or cropping arrangement were
in effect for 1937, the amoimt of any pasmient which other-
wise would be made to such person may be withheld in whole
or in part.
(h) Division of Class I Payment Where Diversion Was
Not Made Ratably. — On farms where there are two or more
producers, that portion of the Class I payment made with
respect to any soil-depleting base which is to be divided
among producers on a crop-share basis shall be divided
among the producers entitled to share in the soil-depleting
crop(s) in such base in the proportion that the acreage
share of each such producer bears to the total acreage of
such crop(s) grown on the farm in 1937; except that if no
acreage of the crc^(s) in any such base was planted in
1937 or if the County Committee finds (such finding shall
be indicated by approval of the application for payment
setting forth one of the methods of division of payment
provided below) that diversion has not been made ratably
by all producers on the farm, such portion of such payment
to be made to any such producer shall be —
(1) in that proportion which his contribution to the
difference between such base and the 1937 acreage of
crop(s) in such base bears to the total difference between
such base and the 1937 acreage of crop(s) in such base; or
(2) in that proportion which his acreage share of the
soil-depleting base with respect to which such payment is
made bears to such base for the farm.
The County Committee shall recommend, subject to the
approval of the State Committee and the Director of the
Southern Division, as each such person's share of such
payment that portion computed in accordance with para-
graph (1) or paragraph (2) of this subsection (h), which-
ever is found to be the more equitable, and support its
recommendation by an accompanying letter setting forth
fully the facts upon which such recommendation is based.
(i) Abandonment, Foreclosure, Death, Etc.— ^If prior to
harvest a producer voluntarily ceases to cultivate, sells,
abandons, or through his own fault or neglect loses control
of any soU-depleting crop in connection with which a class I
payment may be made, such producer shall not be entitled
to such payment or any share therein and whoever succeeds
him and as such successor is entitled to such crop or to share
in it or its proceeds shall be entitled to such payment or to
share therein, as the case may be, provided that by agree-
ment of such producer and such successor person or persons
(such agreement to be indicated or confirmed by their sig-
natures on the application for payment) the acreage of such
crop may be divided between them and such payment may be
divided between them accordingly. In no case shall any
person who as a result of attachment, foreclosure, or other
legal process comes into possession of any soil-depleting crop
in connection with which a class I payment may be made or
the land on which such crop was planted be entitled to any
share in such class I payment if the producer previously en-
titled to such crop or to share in it or its proceeds did not
voluntarily abandon such crop, and the producer so dispos-
sessed shall be entitled to such payment or to share therein,
as the case may be. In case of the death or incompetency of
a producer occurring during the period of performance under
the 1937 program, class I and class 11 payments shall be made
or withheld in accordance with rules to be prescribed by the
Secretary.
(j) Lease or Operating Agreement Expiring During Grow-
ing Season. — No person who, upon the expiration of a lease
or operating agreement which expires in 1937 after the sea-
son for planting begins and before harvest, succeeds to the
land or crop covered by the lease or operating agreement
shall be entitled to any class I payment or share thereof re-
specting such land or crop, except that, if the County Com-
mittee finds that both the producer who farmed under such
lease or operating agreement and his successor have con-
tributed to performance in 1937 and they have agreed upon
a division between them of the acreage which otherwise
would go to the producer who farmed under such lease or
14
FEDERAL REGISTER, January 5, 1937
operating agreement, such acreage shall be divided between
them according to such agreement (indicated or confirmed
by their signatures on the application for payment) and the
Coimty Committee's finding shall be evidenced by its ap-
proval of the application setting forth such division.
Section 19. Payments Restricted to Effectuaticm of Pur-
poses of the Program. — ^No person shall be entitled to receive
or retain any part of any payment if such person has
adopted any practice which the Secretary determines tends
to defeat the purposes of the 1937 program.
Part IV. Classification of Land Use and Crops '
Farm land when devoted to the crops and uses indicated
below- shall, except for such additions or modifications as
may be approved by the Secretary, be classified as follows:
Section 31. Soil-depleting. — Land on which any of the
following crops are harvested shall, except as provided in
section 33 of this part IV, be regarded as devoted to the
production of soil-depleting crops for the year in which such
crops are harvested. In establishing soil-depleting bases
and in the checking of performance the acreage of land
which is devoted to two or more soil-depleting crops shall
be counted only once.
(a) Com (field, sweet corn, or popcorn).
(b) Cotton.
(c) Tobacco.
(d) Potatoes (Irish or sweet).
(e) Rice.
(f) Sugarcane.
(g) Truck and vegetable crops, including melons and
strawberries.
(h) Peanuts harvested for nuts.
(i) Grain sorghums, sweet sorghums, millets, broomcorn,
or Sudan grass, harvested for grain, seed, or forage.
(j) Small grains harvested for grain or hay (wheat, oats,
barley, rye, buckwheat, or any mixture of any of these) .
Section 32. Soil-conserving. — Land devoted to any of the
following crops or uses shall be r^arded as used for the
production of a soil-conserving crop except that any land
from which a soil-depleting crop is harvested in the same
year shall be regarded as used for the production of a soil-
depleting crop in such year, except as provided in section
33 of this part rv. Any acre on which two or more soil-
conserving crops are grown in the same year shall not be
counted as more than one acre of soil-conserving crops.
(a) Legumes, including vetch, winter peas, clovers, al-
falfa, kudzu, lespedeza, soybean, velvet beans, crotalaria,
and cowpeas.
(b) Peanuts, if pastured.
(c) Grasses, including Dallis, Natal, rye grass, ffmothy,
orchard, Bermuda, and carpet, or grass mixtures.
(d) Grain sorghums (seeded solid), sweet sorghums, mil-
lets, or Sudan grass, not harvested for grain, seed, or
forage, or grain sorghimis planted in rows and plowed under.
(e) Cover crops, including rye, barley, oats, wheat, and
grain mixtures, not cut for grain or hay, provided a reason-
ably good growth is left on the land or plowed imder.
(f) Forest trees, planted on cropland since January 1,
1934.
Section 33. Soil-conserving Crops Grovm in Combination
With or Following Soil-depleting Crops. — Land devoted to
soil-conserving crops grown in combination with or following
soil-depleting crops shall be classified as follows:
(a) All the acreage of soil-depleting row crops inter-
planted or grown in combination with summer legumes
(classified in section 32 of this part IV as soil-conserving)
shall be classified as soil- depleting, and
(1) One-half (%) of the acreage shall also be classified
as soil-conserving, provided the legume occupies at least
one-half iVz) of the land and attains a reasonably good
growth, or
' The provisions of this part IV do not apply to counties In
western Oklahoma and western Texas designated by the Secretary,
respecting which separate provisions will be made.
(2) One-third (%) of the acreage shall also be classed
as sou-conserving, provided the legume occupies at leasU
one-third (Mj) but less than one-half (V2) of the land
and attains a reasonably good growth.
(b) All the land from which a soil-depleting crop is har-
vested in 1937 and followed by legumes (classified in section
32 of this part rV as soil-conserving) or perennial grasses
(whether seeded in or following such crop) shall, in addition
to being classified as soil-depleting, be classified as soil-
conserving.
(c) All the land on which green manure crops are seeded
following commercial vegetable crops and plowed under as
green manure after having attained at least two months'
growth shall, in addition to being classified as soil-depleting,
be classified as soil-conserving.
Section 34. Neutral Uses. — ^Land devoted to the following
uses shall be regarded as not used for the production of a
soil-depleting crop or a soil-conserving crop unless otherwise
provided:
(a) Cropland. —
(1) Vineyards, tree fruits, bush fruits, and nut trees
(any portion of such land which is interplanted shall
carry the classification and actual acreage of such inter-
planted crop) .
(2) Idle cropland.
(b) Noncropland. —
(1) Noncrop pasture and range land.
(2) Waste land, roads, lanes, lots, yards, and other
similar noncropland.
(3) Woodland other than cropland planted to forest
trees since January 1, 1934.
Part V. Determination of Cropland and Establishment of
Bases
Section 41. County Limits and Quotas. — ^Por each county
a ratio of the total acreage in soil-depleting crops (excluding
rice) to all cropland wUl be established by the Agricultural
Adjustment Administration from available statistics, such
ratio to be referred to as the county limit. "Hie ratio of
the aggregate of the total soil-depleting bases (excluding
any rice base) estabhshed in a county to all cropland in the
farms for which such bases are established shall not exceed
the county limit for such county unless a variation there-
from is recommended by the State Committee and approved
by the Administrator of the Agricultural Adjustment Ad-
ministration. County quotas of acreage and production for
cotton, tobacco, and commercial peanuts will be established
by the Agricultural Adjustment Administration from avail-
able statistics, and in addition an acreage quota of soil-con-
serving crops will be so established.
Section 42. Recommendation of Bases. — ^Por each farm
for which a work sheet is filed in 1937 the County Committee '
will recommend to the State Committee, for approval by the
Secretary, the total acreage of cropland, a total soil-deplet-
ing base, and a soil-conserving base. As a part of the total
soil-depleting base the Coimty Committee will recommend a
general base and also wherever apphcable a cotton base, a
tobacco base, a peanut base, and a sugarcane base.
Section 43. Total Cropland. — (a) If the total acreage of
cropland for the farm was established by accurate measure-
ment in 1936, such acrea'ge will be the 1937 acreage of crop-
land for the farm. If the total acreage of cropland for the
farm was not so established in 1936, such acreage for the
farm shall be estabhshed either by measurement in 1937, or
on a basis which wUl result in an acreage of cropland com-
parable with that for farms on which such land was estab-
lished by measurement.
(b) If the total acreage of cropland established for the
farm in 1937 as provided in subsection (a) of this section
43 varies from the cropland reported for the fai-m on the
work sheet submitted for such farm in connection with the
1936 Agilcultural Conservation Program or varies from the
cropland reported for the farm on the work sheet submitted
for such farm for the first time in connection with the 1937
FEDERAL REGISTER, January 5, 1937
15
program, adjustments shall be made in accordance with this
section 43, and the total acreage in soil -depleting crops, soil-
conserving crops, and the acreage of cropland classed as
neutral shall be adjusted on a pro rata basis to conform with
the adjustments made in the total cropland.
Section 44. 1937 Total Soil-Depleting Base. — (a) Farms
For Which a Total Soil- Depleting Base Was Established in
1936. — ^The County Committee will recommend to the State
Committee, for approval by the Secretary, a total soil-
depleting base (excluding any rice base) for each farm
covered by a work sheet in 1937 and for which a total soil-
depleting base was established in 1936. Such base shall be
the 1936 total soil-depleting base for the farm (excluding
any rice base) subject to the adjustments set forth in sec-
tion 43 of this part V and in acordance with the following:
(1) Necessary adjustments shall be made based on land
measurements made in connection with the 1936 and 1937
Agricultural Conservation Programs and other available
information.
(2) There shall be included in the total soil-depleting
base for the farm for 1937 the acreage of small grains for
grain or hay followed by legumes; the acreage of corn
interplanted with legumes classed as soil-conserving; and
the acreage of Sudan grass harvested for seed or forage
and classed as soil-conserving in establishing the total
soil-depleting base for the farm for 1936.
(3) If the total soil-depleting base for any farm is
materially greater or less than such bases for farms in
the same community which are similar with respect to
size, type of soil, topography, production facilities, type of
farming and farming practices, adjustments shall be made
that will result in a total soU-depleting base for the farm
which is comparable with the total soil-depleting bases for
other similar farms.
(b) Farms For Which a Total Soil-Depleting Base Was
Not Established in 1936. — The County Committee will rec-
ommend to the State Committee, for approval by the Secre-
tary, a total soU-deplettng base (excluding any rice base) for
each farm covered by a work sheet in 1937 and for which a
total soil-depleting base was not established in 1936. Such
base shall be the planted acreage of all soil-depleting crops
for harvest in 1936 for the farm (excluding any rice acreage)
subject to the adjustments set forth in section 43 of this
part V and in accordance with the following:
(1) To the acreage of all soil-depleting crops planted
in 1936 there shall be added the acreage diverted for
pajnnent under the 1936 Agricultural Conservation Pro-
gram, provided that no soil-depleting crop was planted
on such diverted acreage.
(2) Necessary acreage adjustments shall be made based
on land measurements made in connection with the 1936
and 1937 Agricultural Conservation Programs and other
available information.
(3) If, because of flood, drought, or other abnormal
weather conditions, the niunber of acres of soil-depleting
crops planted in 1936 was greater or less than the acreage
of such crops usually planted on the farm, such number
of acres shall be adjusted to an acreage which is com-
parable with the acreage of such crops planted on the farm
under normal conditions.
(4) If the total soil-depleting base for any farm is
materially greater or less than such bases for farms in
the same community which are similar with respect to
size, type of soil, topography, production facilities, type of
- farming, and farming practices, adjustments shall be made
that will result in a total soil-depleting base for the farm
which is comparable with the total soil-depleting bases
for other similar farms.
Section 45. Cotton Base and Yield Per Acre. — (a) Cotton
Base. —
(1) The cotton base for the farm in 1937 shall be the
cotton base which was or could have been established for
the farm under the 1936 Agricultxiral Conservation Pro-
gram, subject to necessary acreage adjustments based on
land measurements made in connection with the 1936 and
1937 Agriciiltural Conservation Programs and further ad-
justments that will result in a cotton base for the farm
which is comparable with cotton bases for other farms in
the same community which are similar with respect to size,
type of soil, topography, production facilities, tj^e of farm-
ing, and farming practices.
(2) If, for causes other than flood, drought, or other
abnormal weather conditions or because of substantial
changes in the base acreage by the County Committee in
1936 after planting time, the acreage planted to cotton
on the farm in 1936 was less than 50 percent of the cot-
ton base for the farm in 1936, the cotton base for 1937
shall be adjusted downward by the Ck)unty Committee but
not lower than 154 percent of the 1936 planted acreage.
(3) For farms on which cotton was grown in 1936 for
the first time since 1933, a cotton base may be established
on the basis of the acreage planted to cotton in 1936
subject to necessary adjustments based on land measure-
ments made in connection with the 1936 and 1937 Agri-
cultural Conservation Programs and further adjustments
that will result in a cotton base for the farm which is
comparable with cotton bases for other farms in the same
community which are similar with respect to size, type
of soil, topography, production facilities, type of farm-
ing, and farming practices.
(4) The sum of the cotton bases for the farms covered
by work sheets in any county or other specified area
shall not exceed their proportionate share of the quota
of cotton acreage established for such county or other
specified area by the Agricultural Adjustment Adminis-
tration.
(b) Determination of Yield Per Acre. —
(1) The yield per acre of lint cotton for the farm shall
be designated by the appropriate Community Committee,
subject to such adjustment by the County Committee as
is necessary in order that the sum of the base cotton
production for farms covered by work sheets in 1937 in
any county or other specified area shall not exceed then-
proportionate share of the quota of cotton production
established for such county or other specified area by
the Agricultural Adjustment Administration.
(2) Each farm covered by a work sheet will have been
inspected by at least one member of the Community Com-
mittee, serving for the community in which the farm is
located, who shall report the facts to the Commimity Com-
mittee before the yield is designated for the farm.
(3) The yield designated for any farm shall be that
yield, subject to adjustments indicated in this subsection
(b) , which the Community Committee finds from all avail-
able facts to be the yield which could reasonably be ex-
pected from the land devoted to the production of cotton
on the farm. In designating the yield due consideration
shall be given by such committee to the trend of yield per
acre as well as to the type of soil, drainage, erosion, pro-
duction practices, and general fertility of the land Other
facts bearing on the jdeld which might reasonably be
expected, including abnormal weather conditions, shall
also be given due consideration. Such findings shall be
examined by the County Committee in the light of all
available facts and approved or modified by it accordingly.
Section 46. Tobacco Base and Yield Per Acre. — (a) To-
bacco Base. —
(1) The tobacco base for the farm in 1937 shall be the
tobacco base which was or could have been established for
the farm tmder the 1936 Agricultural Conservation Pro-
gram, subject to necessary acreage adjustments based on
land measurements made in connection with the 1936 and
1937 Agricultural Conservation Programs and further ad-
justments that will result in a tobacco base for the farm
which is comparable with tobacco bases for other farms in
the same community which are similar with respect to size,
type of soil, topography, production facilities, type of farm-
ing, and farming practices.
16
FEDERAL REGISTER, January 5, 1937
(2) If, for causes other than flood, drought, or other
abnormal weather conditions or plant diseases, the acre-
age planted to tobacco on the fai-m in 1936 was less than
55 percent of the tobacco base for the farm in 1936, the
tobacco base for 1937 shall be adjusted downward by the
County Committee but not lower than 133 percent ° of the
1936 planted acreage.
(3) For farms on which tobacco was grown in 1936 (or
in 1935 if no tobacco was grown on the farm in 1936 due to
abnormal weather conditions or plant diseases) for the
first time since 1930, a tobacco base may be established on
the basis of the acreage planted to tobacco in 1936 (or 1935,
if applicable) , subject to necessary adjustments based on
land measurements made in connection with the 1936 and
1937 Agricultural Conservation Programs and further ad-
justments that will result in a tobacco base for the farm
which is comparable with tobacco bases for other farms in
the same community, which are similar with respect to
size, type of soil, topography, production facilities, type of
farming and farming practices.
(4) The sum of the tobacco bases for farms covered by
work sheets in any county or other specified area shall
not exceed their proportionate share of the quota of
tobacco acreage established for such county or other
specified ai-ea by the Agricultural Adjustment Administra-
tion.
(b) Determination of Yield Per Acre. —
(1) The yield per acre of tobacco for the farm shall be
designated by the appropriate Community Committee,
subject to such adjustment by the County Committee as
is necessary in order that the sum of the base tobacco
production for the farms covered by work sheets in 1937
in any coimty or other specified area shall not exceed
their proportionate share of the quota of tobacco produc-
tion established for such county or other specified area
by the. Agricultural Adjustment Administration.
(2) Each farm covered by a work sheet will have been
inspected by at least one member of the Commiuiity
Committee, serving for the community in which the farm
is located, who shall report the facts to the Community
Committee before the yield is designated for the farm.
(3) The yield designated for any farm shall be that
yield, subject to adjustments indicated in this subsection
(b) , which the Commimity Committee finds from all avail-
able facts to be the yield which could reasonably be ex-
pected from the land devoted to the production of tobacco
on the farm. In designating the yield due consideration
shall be given by such committee to the trend of yield per
acre as well as to the type of soil, drainage, erosion, pro-
duction practices, and general fertility of the land. Other
facts bearing on the yield which might reasonably be
expected, including abnormal weather conditions, shall
also be given due consideration. Such findings shaU be
examined by the County Cormnittee in the light of all
available facts and approved or modified by it accordingly.
Section 47. Peanut Base and Yield Per Acre — (a) Peanut
Base. —
(1) For farms growing commercial peanuts prior to 1935
the peanut base in 1937 shall be the base which was or
could have been established for the farm under the 1936
Agricultural Conservation Program, subject to necessary
acreage adjustments based on land measurements made in
connection with the 1936 and 1937 Agricultural Conserva-
tion Programs, and further adjustments that will result
in a peanut base for the farm which is comparable with
peanut bases for other farms in the same community which
are similar with respect to size, type of soil, topography,
production facilities, type of farming, and farming
practices.
(2) If, for causes other than flood, drought, or other
abnormal weather conditions, the acreage planted to
commercial peanuts on the farm in 1936 was less than
70 percent of the peanut base for the farm in 1936, the
' 143 percent shall be used for Georgia-Florida Type 62 tobacco.
peanut base for 1937 shall be adjusted downward by the
County Committee but not lower than 118 percent of the
1936 acreage planted to conunercial peanuts.
(3 For farms on which commercial peanuts were
grown in 1936 for the first time or for which a peanut
base could not have been established under the 1936
Agricultural Conservation Program and one whole acre
or more of peanuts was grown on the farm for commer-
cial purposes in 1935 for the first time since 1930 or in
1936 for the first time since 1932, a peanut base may be
established on the basis of the acreage planted to com-
mercial peanuts in 1936 (or in 1935 if no commercial
Eteanuts were grown on the farm in 1936) subject to
necessary adjustments based on land measiuements made
in connection with the 1936 and 1937 AgriciUtural Con-
servation Programs and further adjustments that will re-
sult in a peanut base for the farm which is comparable
with peanut bases for other farms in the same com-
munity which are similar with respect to size, type of soil,
topography, production facilities, type of farming, and
fanning practices.
(4) The smn of the peanut bases for farms covered
by work sheets in 1937 in any county or other specified
area shall not exceed their proportionate share of the
quota of peanut acreage that is established for such
county or other specified area by the Agricultural Adjust-
ment Administration,
(b) Determination of Yield Per Acre. —
(1) The yield per acre of peanuts grown for com-
mercial purposes on the farm shall be designated by thai
appropriate Community Committee, subject to such ad-
justment by the County Committee as is necessary in
order that the sum of the base commercial peanut
production for farms covered by work sheets in 1937 in
any county or other specified area shall not exceed their
proportionate share of the quota of commercial peanut
production established for such county or other specified
area by the Agricultural Adjustment Administration.
(2) Each farm covered by a work sheet will have been
inspected by at least one member of the Community Com-
mittee serving for the community in which the farm is
located, who shall report the facts to the Community
Committee before the yield is designated for the farm.
(3) The yield designated for any farm shall be that
yield, subject to adjustments, indicated in this subsection
(b) , which the Community Committee finds from all avail-
able facts to be the yield which could reasonably be ex-
pected from the land devoted to the production of com-
mercial peanuts on the farm. In designating the yield
due consideration shall be given by such committee to the
trend of yield per acre as well as to the type of soil, drain-
age, erosion, production practices, and general fertility of
the land. Other facts bearing on the yield which might
reasonably be expected, including abnormal weather con-
ditions, shall also be given due consideration. Such find-
ings shall be examined by the County Committee in the
light of all available facts and approved or modified by it
accordingly.
Section 48. Sugarcane Base and Yield Per Acre. — (a)
Sugarcane Base. — The sugarcane base for the farm in 1937
shall be the acreage used for the growing of sugarcane for
sugar in 1937, provided that such base shall not exceed the
total cropland for the farm less the general base or that
part of the general base necessary for the production of
food and feed crops required for home-consumption needs,
whichever is the smaller. If the sugarcane base plus aU
other soil-depleting bases, including the rice base, exceeds
the total cropland for the farm, all such other soil-deplet-
ing bases, including only that part of the general base in
excess of home consumption needs, shall be adjusted down-
wai'd to eliminate such excess.
(b) Determination of Yield Per Acre. — The yield per
acre of sugarcane for sugar for the farm for 1937 shall be
determined upon the basis of the average yield per acre of
sugarcane for sugar grown on the farm for the years 1935
and 1936 except that, if sugarcane for sugar was not grown
FEDERAL REGISTER, January 5, 1937
17
on such farm in both such years, the yield pesr acre for the
farm shall be determined upon the basis of the average yield
of sugarcane for sugar for such years on similar farms in
the same community. In determining such yield, due con-
sideration shall be given to the type of soil, drainage,
erosion, production practices, and general fertility of the
land.
Section 49. General Base and Productivity Index. — (a)
Farms For Which a General Base was Established in 1936. —
(1) The general base for the farm in 1937 shall be the
general base which was established for the farm under
the 1936 Agricultural Conservation Program, subject to
necessary acreage adjustments based on land measure-
ments made in connection with the 1936 and 1937 Agricul-
tural Conservation Programs and further adjustments that
will result in a general base for the farm which is compar-
able with general bases for other farms in the same com-
munity which are similar with resjject to size, type of soil,
topography, production facilities, type of farming, and
farming practices.
(2) There shaU also be included in the general base
for 1937—
i. The normal acreage of small grains for grain or
hay followed by legumes and classed as soil-conserving
in establishing the general base for 1936;
ii. The normal acreage of corn interplanted with
legumes and classed as soil-conserving in establishing
the general base for 1936 ;
iii. The acreage of Sudan grass harvested for seed or
forage and classed as soil-conserving in establishing the
general base for 1936; and
iv. The normal acreage of peanuts harvested for nuts,
rice, or tobacco, if grown for home use only.
(b) Farms For Which a General Base Was Not Established
in 1936. — The general base for the farm in 1937 shall be
the planted acreage of all crops in the general base for
harvest in 1936, less such part of this acreage as was diverted
in 1936 for payment from bases other than the general
base, subject to necessary acreage adjustments based on land
measurements made in cormection with the 1936 and 1937
Agricultural Conservation Programs and fiirther adjustments
that will result in a general base for the farm which is conj-
parable with general bases for other farms in the same
community which are similar with respect to size, type of
soil, topography, production facilities, type of farming, and
farming practices.
(c) Individual Farm Adjustments. — ^In making adjust-
ments in the general base for individual farms, such base
cannot be adjusted below the farm's proportionate share of
the total general base acreage for all farms in the county.
(d) Productivity Index. — The productivity index for the
farm shall be determined upon the basis of the yield per
acre established for the farm in 1937 for the crop(s) used
in the county for this purpose under the 1936 Agricultural
Conservation Program. The weighted average of the pro-
ductivity indices for all farms diverting from the general
base in the county shall not exceed 100, unless a variation
therefrom is recommended by the State Committee and ap-
proved by the Director of the Southern Division.
Section 50. Soil-Conserving Base. — The soil-conserving
base for the farm for 1937 shall be that acreage which is
determined to be the acreage of soil-conserving crops grown
on the farm under normal conditions as compared vnth the
total soil-depleting base established for the farm, except
that for any farm having a sugarcane base in 1937 the soil-
conserving base shall not be less than 30 percent of the
sugarcane base for such farm. The sum of the soil-con-
serving bases established for farms covered in 1937 by work
sheets shall not exceed their proportionate share of the
soil-conserving acreage quota for the county.
Section 51. Other Provisions. — No community or county
committeeman shall have a voice in designating or approv-
ing any acreage or yield for any farm which he owns, oper-
ates, or controls; which is owned, operated, or controlled by
his brother, sister, parent, child, or other near relative; or
upon which he has a loan or other financial interest.
Part VI. Miscellaneous Provisions
Section 61. Persons Who May Make Applications For
Payment. — (a) An application for payment may be mad6
by (1) an owner, (2) an operator, and (3) such other'
persons as may be designated by the Secretary.
(b) Payment will only be made upon application filed
with the County Committee within the prescribed time.
Each person applying for payment will be required to show
that work sheets have been filed with the County Com-
mittee covering all land in the county owned or operated
by him in 1937. Any person applying for payment who
owns or operates farms in more than one coimty in the
same State may be required to file with the State Com-
mittee a list of all such farms.
(c) A time limit for filing work sheets and applications
for pasment in each county will be designated by the State
Cormnittee subject to the approval of the Director of the
Southern Division, and when so approved at least two weeks'
public notice shall be given in advance of the expiration of
such time limit.
Section 62. Land Which May Be Covered by a Work
Sheet and Application for Payment. — (a) A work sheet shall
cover all of one farm only, except as provided in the follow-
ing subsections of this section 62.
(b) If two or more farms in the same county are under
the same ownership and are operated by the same person,
such farms may be covered by one work sheet.
(c) If two or more tracts of land in the same county are
under different ownerships, even though they are operated
by the same person, each such separately owned tract shall
be covered by a separate work sheet.
(d) Tracts of land imder the same ownership located in
two or more adjoining counties and operated as a single
farm in 1937 shall be regarded as located in the county
in which, the principal dwelling on such farm is located, or,
if there is no dwelling on such farm, as located in the
county in which the major portion of such farm is located.
(e) Except as provide* in subsection (f) of this section 62
the land covered by an application for payment shall be the
land covered by a single work sheet. The application for
payment filed with respect to any land shall show the name
and the extent of the interest of each person entitled to
share in the payment with respect to such land. Tlie
amount of payment to any person with respect to the land
covered by the application for payment shall, subject to the
provisions of section 63 of this part VI, be determined by
the performance on such land.
(f) If any person operates more than one farm in a
county, such person may, subject to the conditions of this
subsection (f ) , make one application for payment with re-
spect to all such farms or several applications each cover-
ing one or more of such farms.
(1) An application for payment covering two or more
farms in a county which are operated by the same person
may be made only with the consent (indicated by signa-
tures on the application for payment) of all persons who,
as owner, share-tenant, or share-cropper, have an in-
terest in the crops (or the proceeds thereof) grown in
1937 on any farm covered by the application; except that
the signature of any person shall not be required in order
to permit a grouping of such farms if such person would
not receive a payment if each such farm were covered by a
separate application for payment.
(2) In making determinations with respect to the
amount of payment to be made under such application (in
accordance with the provisions of this subsection (f ) ) all
farms covered by one application for payment shall be
considered as one farm.
Section 63. Multiple Farm Holdings. — If any person mak-
ing application for payment in a county has an interest as
No. 2 2
18
FEDERAL REGISTER, January 5, 1937
owner or operator in one or more farms in the same county
which is not covered by an application for payment under
which payment may be made, such person is required to fur-
nish the County Committee a showing as to the acreage of
son-depleting crops grown in 1937 on each such farm. If
the County Committee finds from evidence submitted to it
and such measurement of such farms as is deemed necessary
that any such person has materially increased the 1937 acre-
age of crops in any soil-depleting base above such base on
any such farm, performance shall be checked on all such
farms. The procediire shall be as follows:
(a) For each such farm multiply the 1937 acreage of
cotton, tobacco, commercial peanuts, sugarcane for sugar,
and crops in the general base by the respective rate per
acre (determined pursuant to sections 11, 12, 13, 14, and 15,
part III) and multiply each such result by the piercentage
(determined pursuant to the provisions of section 18, part
ni) due such person. Total the results thus obtained.
(b) For each such farm multiply the cotton, tobacco,
peanut, sugarcane, and general bases by the respective rate
per acre (determined pursuant to sections 11, 12, 13, 14, and
15, part ni) and multiply each such result by the percentage
(determined pursuant to the provisions of section 18, part
ni) due such person. Total the results thus obtained.
(c) If the. total obtained under subsection (a) of this
section 63 exceeds the total obtained under subsection (b)
of this section 63, such excess shall be deducted first from
any payment which otherwise would be made to such person
with respect to farms in such county covered by an appli-
cation for payment, and the remainder from any payment
which otherwise would be made to such person with respect
to rice in the State.
(d) The procedm-e outlined in this section 63 shall at the
option of the Secretary be applied to all farms owned or
operated by the same person in the State.
Section 64. Appeals. — Any person who has reason to be-
lieve that any recommendation of his Coimty Committee
concerning his farm in any matter of the kind set forth below
is not equitable may request the County Committee to recon-
sider its recommendation. If such person fails to agree with
the final recommendation of the County Committee, such
person may appeal to the State Committee in accordance
with instructions to be issued by the Secretary.
(a) Eligibility of person(s) to submit a work sheet or an
application for payment.
(b) EUgibility of land to be covered by a work sheet and/or
application.
(c) Any base, yield per acre, productivity index, or soU-
building allowance.
(d) Division of pas^nent among interested persons.
Section 65. Deductions for Expenses. — There shall be de-
ducted pro rata from the payment to any person VTith respect
to a farm or farms all or such part, as the Secretary shall
prescribe, of the estimated administrative expenses incurred
and to be incurred in the field in carrying out the 1937
program.
There shall be credited for the payment of administrative
expenses the sum of $2.00 for each application for a farm
on which the total payment (prior to deduction of any
administrative expenses) as estimated by the Agricultural
Adjustment Administration will be $20.00 or less.
Section 66. Applicability to Farms Under Special Pro-
grams.— The Secretary may designate one or more counties
in any State for which special programs for 1937 will be
developed under the Soil Conservation and Domestic Allot-
ment Act. In the event that any such county is designated
the allowances, rates, and conditions of payment for such
county will be set forth in a special bulletin and the provi-
sions of this bulletin shall not be applicable in such coimty.
On any farm where a program is carried out in coopera-
tion with the Soil Conservation Service or the Resettlement
Administration payment will be made only for such diver-
sion and for carrying out such soU-building practices as are
approved for the farm prior to performance by the County
Committee in accordance with instructions issued by the
Secretary.
In testttnony whereof, H. A. Wallace, Secretary of Agri-
culture, has hereunto set his hand and caused the oflBcial
seal of the Department of Agriculture to be affixed in the
City of Washington, District of Columbia, this 31st day of
December 1936.
[seal] H. a. Wallace, Secretary.
[P. R. Doc. 37-26; Piled, January 4, 1937; 12 :42 p. m.]
SR — ^B-101, Amendment 1 Southern Division, December 31, 1936
1937 Agricultural Conservation Program — Southern
Region
bulletin 101
' Amendment 1
Section 33, part IV of Southern Region Bulletin 101 ^ is
hereby amended by adding at the end thereof the following
new subsection:
(d) Each acre of Georgia-Florida type 62 tobacco will be
classified as eight-tenths (%o) of an acre used for the
production of type 62 tobacco and two-tenths (%o> of an
acre diverted to the production of soil-conserving crops if —
(1) An average of at least four top leaves are left on
each stalk on all acreage of type 62 tobacco on the farm
and all such stalks are cut and either left on the land
or plowed under within seven days after the harvesting of
the other tobacco leaves is completed, and
(2) A cover crop of sorghum, cowpeas, velvet beans, or
crotolaria, or any mixture of these is seeded in 1937 be-
fore or following the completion of harvesting the
tobacco on all land planted to type 62 tobacco and a
reasonably good stand of such cover crop is attained and
is plowed under or disked in before December 31, 1937,
and after it has obtained at least three months' growth,
provided that neither the seeding nor plowing under or
disking in of any such cover crop shall qualify for a class
n payment or contribute toward the soU-building allow-
ance.
.In testimony whereof, H. A. Wallace, Secretary of Agri-
culture, has hereunto set his hand and caused the official
seal of the Department of Agriculture to be affixed in the
City of Washington, District of Columbia, this 31st day of
December 1936.
[seal] H. a. Wallace,
Secretary of Agriculture.
[P. R. Doc. 37-27; Piled, January 4, 1937; 12:42 p.m.)
FEDERAL DEPOSIT INSURANCE CORPORATION.
Approval of Forms S-14, S-14a and 73
December 3, 1936.
In concurrence with the recommendation of the Com-
mittee on Regulations and Forms, Director O'Connor moved
approval of the following forms ^ submitted, and that they be
filed in the jacket of this meeting:
(1) Forms S-14 and S-14a, "Location of Offices."
(2) Form 73, "Report of Earnings and Dividends."
Director Goldsborough seconded the motion and it was
carried.
[SEAL] W. G. LOEFFLER,
Assistant Secretary to the Board of Directors of the
Federal Deposit Insurance Corporation.
[P. R. Doc. 37-21; Piled, January 4, 1937; 10:53 a. m.]
'See p. 14.
' These forms, together with Form 64 — Call No. 6, were filed with
the Division of the Pederal Register; copies are available upon ap-
plication to the Federal Deposit Insurance Corporation.
4
FEDERAL REGISTER, January 5, 1937
19
Approval of Forms 545C and 555C
December 3, 1936.
Director Goldsborough moved approval of the Certified
Statement Forms/ described below, which have been ai>-
proved by the Committee on Regulations and Forms:
Form 545C — Certified Statement — Part One. Based on
Deposits for the Six Months Ending December 31, 1936; in
quadruplicate;
Form 545C — Amended Certified Statement — ^Part One.
Based on Deposits for the Six Months Ending December 31,
1936, in quadruplicate;
Form 555C — Recapitulation of the Monthly Totals of
Certified Statement — ^Part Two for the Six Months Ending
December 31, 1936, in duplicate.
Director O'Connor seconded the motion and it was carried.
[seal] W. G. Loeffler,
Assistant Secretary to the Board of Directors of the
Federal Deposit Insurance Corporation.
[P:R. Doc. 37-22; Piled, January 4, 1937; 10:53 a. m.]
RESETTLEMENT ADMINISTRATION.
[Administration Order 40 (Rev. 2) (Suppl. 2)*]
Inspection of Construction on Projects Under the Juris-
diction of Cooperative Associations
December 31, 1936.
1. Purpose. — (a) The purpose of this Supplement is to
inform all personnel concerned of the responsibilities of the
IS Division for the inspection of construction on projects
under the jurisdiction of cooperative associations or other
bona fide group agencies hereafter referred to as cooperative
associations, whether such construction is done by an agency
which is part of the RA, by contract with an agency not
part of the RA, or by direct force account by employees
of the cooperative associations.
2. General. — (a) Inasmuch as the property of cooperative
associations is the physical basis for such liens as are posted
as collateral for RA loans to cooperative associations, inspec-
tion of the construction under the jurisdiction of cooperative
associations is necessary and will be made by engineer in-
spectors of the IS Division.
3. Responsibilities. — (a) The responsibility of the IS Divi-
sion wUl be the same for the inspection of construction
undertaken by or within the jurisdiction of cooperative asso-
ciations as for the inspection of construction undertaken by
the RA. The procedure established for inspection of con-
struction on RA projects will apply to such construction.
This will include the inspection of all construction work so
undertaken coming within the scope of the MA and RS Divi-
sions. All such construction coming within the scope of the
RR Division will be inspected only as the Administrator may
require.
4. Preliminary Steps When Construction Is Contemplated. —
(a) The Director of the MA, RS, or RR Division, as the case
may be, will notify the Director of the IS Division when a
loan involving construction requiring inspection pursuant to
paragraph 3a of this Supplement has been approved by the
Administrator.
(b) After a loan involving such construction has been ap-
proved by the Administrator, the division involved wiU fur-
nish the IS Division with copies of plans, specifications, con-
tracts or other documents necessary for proper inspection.
(c) The letter of approval issued in connection with any
RR loan, which provides for construction to be performed
with proceeds of the loan, will state whether inspection will
be required, but failure to make such requirement at that
time does not preclude a later requirement to that effect. If
inspection is required, the Ijoan Agreement will contain a
1 These forms were filed with the Division of the Federal Register;
copies are available upon application to the Federal Deposit Insur-
ance Corporation.
= Supplements par. 13a III B of AO 40 (Rev. 2)— 9/26/36.
J statement to that effect, and construction contracts entered
into by the cooperative association must contain appropriate
provisions for inspection.
5. Instructions for Inspection. — (a) Upon receipt of noti-
fication of contemplated construction, the Director of the IS
Division will provide for regular inspection.
(b) If a resident engineer inspector is not assigned to the
project, the Director of the IS Division will arrange to have
such periodic inspections as are necessary, but in all cases at
least once each calendar month. Copies of the inspection
reports will be forwarded to the regional director, Budget
Section of the PC Division, director of the division involved,
the manager of the; cooperative association and the agency
or contracting party performing the construction.
6. Final Inspection. — (a) A final inspection and acceptance
of all construction undertaken by a cooperative association
which requires inspection pursuant to paragraph 3a of this
Supplement will be made before the cooperative association
makes the final payment on any construction contract en-
tered into with any individual, partnership, corporation, or
other contracting party. All MA and RS Loan Agreements
and such RR Loan Agreements as the Administrator may
require shall provide for such final inspection, and shall also
provide that all construction contracts entered into by the
cooperative associations shall make similar provision.
(b) Such final inspection will be made according to the
procedure established for final inspections. A copy of the
final inspection report and certificate of acceptance will be
furnished to the regional director, director of the division
concerned, Budget Section of the FC Division, the manager
of the cooperative association, the agency or contracting
party performing the construction for the cooperative asso-
ciation (if there be such an agency or contracting party),
and the regional loan approving oflBce to file with other
documents concerning the project.
7. Inspection Costs. — (a) All costs incidental to inspection
of construction under the jurisdiction of a cooperative asso-
ciation will be paid from administrative funds of the RA.
R. G. Tugwell, Administrator.
[F. R. Doc. 37-19; Filed, December 31, 1936; 4:20 p. m.]
[Administration Order 188 (Suppl. 1)»]
Delegation of Authority to Grant Easements and Rights-
of-Way on Land Use Projects
granting easements on lands acquired and in the process
of being acquired
December 30, 1936.
1. Purpose. — (a) This Supplement outlines the procedure
for approving and granting easements for lands acquired or
in the process of being acquired within land use projects.
2. General. — (a) AH requests for easements will be referred
to the regional director.
(b) Whenever a public agency, corporation or an individ-
ual makes a request for an easement for the purpose of
constructing highways, power lines, telephone lines, irriga-
tion and drainage ditches, or for any other purpose on land
within a land use project, the regional dii'ector will have an
investigation made to determine the effect of the easement
upon the completion of the development work and upon the
proposed use and future administration of the land within
the project. The regional director will also determine the
probable effect of the easement upon the surrounding
community.
(c) If the granting of the proposed easement wUl result in
a benefit to the project, a financial consideration need not be
required.
(d) If the granting of the proposed easement will not re-
sult in a benefit to the project, a financial consideration shall
be required which, however, may be nominal.
1 Supersedes FI-LU 34—3/9/36 Supplements AO 188—8/13/36
(1 P. R. 1558).
20
FEDERAL REGISTER, January 5, 1937
3. Request for an Easement Before the Account in Pay-
ment for the Land Has Been Submitted to the General
Accounting Office or to the Treasury Department. — (a) When
an easement is requested on land for which the account in
payment for the land has not been sent to the G. A. O. or
to the Treasury Department, the regional director will submit
to the Administrator, Resettlement Administration, Wash-
ington, D. C, Refer to: Land Utilization Division, a statement
which will show the effect of the easement on the project.
(b) If the Assistant Administrator in charge of LU deter-
mines that the easement will benefit the project, he will
notify the regional director. Upon receipt of the notifica-
tion, the regional director will:
(I) 'Approach the vendor of the land involved to deter-
mine whether or not the vendor is willing to grant the
easement.
(II) If the vendor is willing to grant the easement, he
wiU:
(A) Execute the easement on a form approved by the
regional attorney.
(B) Execute a Form RA-LU 56, Rev., "Agreement for
Cancellation of Contract", as outlined in PI-LU 26.
(C) Sign a new option. In the space on the option
form for the description of the land, he will include a
statement of the easement granted by the vendor.
(1) The person in the regional oflfice authorized to
execute Form RA-LU 56, Rev., "Agreement for Can-
cellation of Contract", will not execute this Form for
the Government until the new option is obtained
from the vendor. This is particularly important when
the land involves a tract in the project purchase area
which is essential to the completion of the project,
(m) If the vendor is not willing to grant the ease-
ment, action in regard to the request for the easement
may be delayed until title to the lands involved is actually
vested in the U. S. If it is necessary and advisable to take
immediate action in regard to an easement on land which
has not been acquired and which cannot be handled in
accordance with the procedure outlined above, the advice
of the Assistant Administrator in charge of LU should
be obtained by the regional director through proper
channels.
(c) If the Assistant Administrator in charge of LU deter-
mines that the easement will not benefit the project he will
so notify the regional director.
4. Request for an Easement After the Account in Payment
for the Land Has Been Submitted to the General Accounting
Office or to the Treasury Department. — (a) When an ease-
ment is requested on land for which the account in pajTnent
for the land has been sent to the G. A. O. or to the Treasury
Department, the regional director wiU submit to the Admin-
istrator, Resettlement Administration, Washington, D. C,
Refer to: Land Utilization Division, the following information
for administrative action:
(I) The name and number of the project in connection
with which such an easement is requested.
(n) The name of the public agency, corporation or
individual requesting the easement, together with a state-
ment regarding the purpose and nature of the easement.
(ni) The tract numbers and the names of the vendors
of the land to be covered by the easement.
(IV) A map of the purchase area of the project showing
the relationship of the land to be covered by the easement
to the project area as a whole and to the surrounding
community.
(V) An ownership map covering the particular tract of
land for which an easement is requested and showing the
exact area to be covered by the easement.
(VI) Detailed description of the benefits to the project
and surrounding communities which will be derived
through the easement.
(VH) The amoimt of the financial consideration to be
paid for the easement.
(Vni) Specific recommendations of the project man-
ager and the regional director regarding the granting of
the easement.
(IX) A statement by the regional director of any other
facts pertinent to the case which he may have obtained
from the Investigation made in accordance with paragraph
2b of this Supplement.
(X) A proposed form of easement prepared by the re-
gional attorney, provided that the regional director ap-
proved the grant of the easement.
(b) The above Information wlU be bound in a manila
folder which will be labeled as follows:
Easement desired by
(Name of public, agency, corporation, or
individual)
Project name and nvimber
Region Number State
5. Preparation of Easement for Execution by the Govern-
ment.— (a) When the material requested in paragraph 4a
of this Supplement is received, if the Assistant Administrator
in charge of LU determines it is administratively desirable to
grant the easement and that it will not interfere with the
development work or future use of the land, he will notify
the regional director and submit the entire folder to the
General Counsel.
(b) If the General Counsel approves the form of the pro-
posed easement he will transmit it to the regional attorney,
and notify the Assistant Administrator in charge of LU of the
transmittel.
(c) The regional attorney will submit the approved form
to the regional director, and assist him in having it executed.
(d) When the regional director receives the approved ease-
ment from the regional attorney, he will have three copies
executed by an authorized oflficial of the public agency or cor-
poration If a financial consideration is involved. If a finan-
cial consideration is not involved, only two copies need be
executed. A statement will be attached to the easement
which will show that the person executing the easement has
proper authority to execute such documents.
(e) An easement requested by an individual will be exe-
cuted in the same manner as for a public agency or a
corporation.
(f) The easement wiU NOT be executed for the Govern-
ment in the field.
(g) The regional director will transmit the two or three
copies of the easement as executed for the agency or by the
person requesting the easement (see paragraph 5d and 5e of
this Supplement) to the Administrator, Resettlement Admin-
istration, Washington, D. C, Refer to : Land Utilization Divi-
sion. If a financial consideration is involved, two unexecuted
copies of the easement will be included with the three exe-
cuted copies transmitted to the Administrator.
6. Execution of the Easement for the Government. — (a)
When the Assistant Administrator In charge of LU receives
the copies of the easement he wUl execute for the Govern-
ment the copies executed by the public agency or corpora-
tion or by the individual if the easement meets with his
approval provided that he first ascertains that title to the
land over which the easement is granted has been completely
vested in the Government.
(I) If a financial consideration is Involved, he will trans-
mit the original executed copy and the two unexecuted
copies to the Administrative Audit Section, Finance and
Control Division, Washington, D. C. The second executed
copy will be returned to the regional director for the pub-
lic agency, corporation, or person to whom is granted the
easement; and the third executed copy will be retained In
the fire resisting files of the LE Division, with other con-
veyances on the same project, for the proper protection
of important original documents. The Chief of the LE
Division files will make appropriate cross-reference sheets
within the LE files and for the vendors' files. Vendors'
Subunit, BM Division.
FEDERAL REGISTER, January 5, 1937
21
(A) The Administrative Audit Section will number,
audit, and forward the original executed copy of the
easement to the G. A. O., one unexecuted copy to the
Treasury Accounts Office, Washington, D. C, and retain
the other unexecuted copy pending receipt of monies due
- under the easement agreement.
(II) If no financial consideration is involved, the Assist-
ant Administrator in charge of LU will execute for the
Government the two copies of the easement executed by
the public agency or corporation or by the individual. One
executed copy will be retained in the fire resisting files of
the LE Division in accordance with the procedure outlined
in paragraph 6a I. The other executed copy will be re-
turned to the regional director for transmission to the pub-
lic agency, corporation or individual to whom the easement
is granted.
(ni) Any executed copies of easements of the type de-
scribed in this Order, whether or not they have been
granted and executed in accordance with the procedure
outlined herein, will be forwarded to the files of the LE
Division in accordance with the procedure outlined in
paragraph 6a I.
7. Procedure for Collecting Payment for the Easement. —
(a) If a financial consideration is involved, payment will
be made by the public agency, corporation or person re-
questing the easement at the time the easement is executed.
(b) Payment will be made to the regional director or his
representative by check or money order payable to the
Treasurer of the United States. The amount of the check
or the money order wUI be that stipulated in the easement.
The cost of the money order must NOT be deducted from
this amount.
(c) The check or money order will be transmitted together
with the executed copies of the easement, by the regional
director to the Assistant Administrator in charge of LU, who
will forward such check or money order to the PC Division
for proper disposition. If the check or money order does not
accompany the easement agreement a covering letter will
be attached stating what the payment covers.
R. G. TuGWELL, Administrator.
[F. B. Doc. 37-20; Filed, December 31, 1936; 4:21 p. m.]
SECURITIES AND EXCHANGE COMMISSION.
United States of America — Before the Securities
and Exchange Commission
At a regular session of the Securities and Exchange Com-
mission, held at its office in the City of Washington, D. C,
on the 30th day of December A. D. 1936.
[File No. 2-2561]
In the Matter of South Umpqtta Mining Company
order consenting to withdrawal of registration statement
on request of applicant, and dismissing stop order
proceedings^
The Commission, having due regard to the public interest
and the protection of investors, upon the request of the
registrant received on December 21, 1936, consents to the
withdrawal of the registration statement of South Umpqua
Mining Company; and, the said registration statement being
so withdrawn, the Commission further dismisses a certain
proceeding under Section 8 (d) of the Securities Act of 1933,
as amended, the said proceeding having been heretofore,
on November 7, 1936, instituted and being until now pend-
ing with respect to the aforesaid registration statement;
and to that eflect
It is so ordered.
By direction of the Commission.
[seal] Francis P. Brassor, Secretary.
[P. R. Doc. 37-29; Filed, January 4, 1937; 12:58 p.m. J
» 1 F. R. 2275, 2322, 2400.
United States of America — Before the Securities
and Exchange Commission
At a regular session of the Securities and Exchange Com-
mission, held at its office in the City of Washington, D. C,
on the 29th day of December 1936.
[File No. 1-1433]
In the Matter of General Paint Corporation, Class A
Stock, No Par Value
ORDER GRANTING APPLICATION FOR WITHDRAWAL FROM LISTING
AND REGISTRATION
The General Paint Corporation, pursuant to Rule JD2
under the Securities Exchange Act of 1934, as amended, hav-
ing made application to withdraw from listing and registra-
tion on the San Francisco Stock Exchange and Los Angeles
Stock Exchange its Class A Stock, No Par Value; and
The Commission having considered the application and
information pertinent thereto, and having due regard for
the public interest and the protection of investors;
It is ordered, that said application be and hereby is
granted, effective at the close of the trading session on
January 8, 1937.
By the Commission.
[seal] Francis P. Brassor, Secretary.
(F. R. Doc. 37-28; Filed, January 4, 1937; 12 :58 p. m.]
United States of America — Before the Securities
and Exchange Commission
At a regular session of the Securities and Exchange Com-
mission held at its office in the City of Washington, D. C,
on the 31st day of December 1936.
[File No. 37-16]
In THE Matter of Republic Service Management Company
(Declaration With Respect to the Organization and
Conduct of Business of Subsidiary Service Company
Pursuant to Rule 13-22)
order pursuant to rule 13-22 UNDER THE PUBLIC UTILITY
holding company ACT OF 1935
A declaration having been filed with this Commission by
L. B. Harvey, Helen McCoy, and Mildred Dimmick, as pro-
posed incorporators of Republic Service Management Com-
pany, pursuant to Section 13 (b) of the Public Utility Hold-
ing Company Act of 1935 and Rule 13-22 adopted there-
under, with respect to the proposed organization and con-
duct of business of Republic Service Management Company
as a subsidiary sei"vice company of Republic Service Cor-
poration; a hearing on said declaration having been duly
held pursuant to appropriate notice; ^ the record in this
matter having been duly considered; and the Commission
having filed its Findings herein:
It is found that if Republic Service Management Company
shall be organized and conducted in the manner set forth
in the amended declaration of said incorporators, and if the
annual compensation of other employees referred to in
paragraph 15 (b) (iii) of the declaration shall not exceed
$7,700, then upon the ratification of the said amended decla-
ration by Republic Service Management Company, said Re-
public Service Management Company will be so organized
and conducted as to meet the requirements of Section 13 (b)
of the said Act with respect to reasonable assurance of
efficient and economical performance of the services de-
scribed in such amended declaration, for the benefit of
associate companies, at cost fairly and equitably allocated
among them.
No finding is made with respect to the rendering of any
services differing materially from those described by said
>i p. R. 2499.
22
FEDERAL REGISTER, January 5, 1937
amended declaration, as the services which Republic Service
Management Company intends presently to render, nor with
respect to construction work.
It is so ordered.
By the Commission.
[SEAL] Francis P. Brassor, Secretary.
[P. R. Doc. 37-30; Filed, January 4, 1937; 12 :58 p. m.]
shall transmit it to the Attorney General for his considera-
tion as to both form and legality. If the Attorney General
approves it, he shall transmit it to the Director of the Divi-
sion of the Federal Register, the National Archives. If it
conforms to the requirements of paragraph 1 hereof, the
Director of the Division of the Federal Register shall trans-
mit it and three copies thereof to the President. If it is dis-
approved by the Director of the Bureau of the Budget or the
Attorney General, it shall not thereafter be presented to the
President unless it is accompanied by the statement of the
reasons for such disapproval.
3. If the order or proclamation is signed by the Presi-
dent, the original and two copies thereof shall be forwarded
to the Director of the Division of the Federal Register for
appropriate action in conformity with the provisions of the
Federal Register Act: Provided, however. That the seal of
the United States shall be aflQxed to the originals of all proc-
lamations prior to such forwarding. The Division of the
Federal Register shall cause to be placed upon the copies
of all Executive orders and proclamations the following nota-
tion, to be signed by the Director or by some person author-
ized by him: "Certified to be a true copy of the original."
The Division of the Federal Register shall number and shall
supervise the promulgation, publication, and distribution of
all Executive orders and proclamations.
4. The Division of the Federal Register shall cause a lim-
ited number of copies of the Executive orders and proclama-
tions not required or authorized to be filed and published
imder the provisions of the Federal Register Act to be made
available in slip form to the appropriate agencies of the
Government.
5. The Division of the Federal Register shall file in the
National Archives the originals of all Executive orders and
proclamations.
6. The signed originals and copies of all Executive orders
and proclamations heretofore promulgated and now in the
custody of the Department of State shall be transferred to
the National Archives.
7. Nothing in this order shall be construed to apply to
treaties, conventions, protocols, and other international
agreements, or proclamations thereof by the President.
8. This order shall become effective on March 12, 1936, and
shall thereupon supersede Executive Order No. 6247, of
August 10, 1933.
Franklin D Roosevelx
The White House,
February 18, 1936.
[No. 7298]
Executive Order
regulations governing the preparation, presentation, fil-
ing, and distribution of executive orders and proclama-
TIONS
By virtue of and pursuant to the authority vested in me
by the Federal Register Act, approved July 26, 1935 (49
Stat. 500) , and as President of the United States, I hereby
prescribe the following regulations governing the prepara-
tion, presentation, filing, and distribution of Executive orders
and proclamations:
1. Proposed Executive orders and proclamations shall be
prepared in accordance with the following requirements:
(a) A suitable title for the order or proclamation shall be
provided.
(b) The authority under which the order or proclamation
is promulgated shall be cited in the body thereof.
(c) Punctuation, capitalization, orthography, and other
matters of style shall conform to the most recent edition of
the Style Manual of the United States Government Printing
Office.
(d) The spelling of geographic names shaU conform to the
most recent official decisions made pursuant to Executive
Orders No. 27-A, of September 4, 1890, No. 399, of January
23, 1906, and No. 6680, of AprU 17, 1934.
(e) Descriptions of tracts of lands shall conform, so far as
practicable, with the most recent edition of the Specifica-
tions for Descriptions of Tracts of Land for Use in Executive
Orders and Proclamations, published by the Federal Board
of Surveys and Maps.
(/) Proposed Executive orders and proclamations shall be
tsrpewritten on paper approximately 8 by 121/2 inches, shall
have a left-hand margin of approximately 2 inches and a
right-hand margin of approximately 1 inch, and shall be
double-spaced, except that quotations, tabulations, or de-
scriptions of land may be single-spaced.
2. The proposed Executive order or proclamation shall first
be submitted to the Director of the Bureau of the Budget.
If the Director of the Bureau of the Budget approves it, he
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